'Mention Of Caste Of A Party In The Cause Title Undoes The Principle Of Equality': Lawyer Write To CJI Against Rajasthan HC Order [Read Letter]
LIVELAW NEWS NETWORK
25 April 2020 9:07 AM GMT
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A letter has been addressed to the Chief Justice of India, raising concerns over the "regressive practice" of mentioning Caste of a party in the cause title/ affidavits/ memo of parties in court filings. The letter penned by Advocate Pai Amit submits that mention of the caste of a party in the cause title undoes the salient principle of equality. "Caste has no place in our system of...
A letter has been addressed to the Chief Justice of India, raising concerns over the "regressive practice" of mentioning Caste of a party in the cause title/ affidavits/ memo of parties in court filings.
The letter penned by Advocate Pai Amit submits that mention of the caste of a party in the cause title undoes the salient principle of equality. "Caste has no place in our system of law and the Constitution," he remarks while urging the CJI to abolish this "disturbing practice".
"The mention of the caste/religion of litigants, in my submission, has absolutely no place in the administration of justice by the rule of law. Perhaps, this practice of the mention of the caste/religion is an expression of the deep-rooted prejudice that still exists in society, 70 years after "We, the people of India" "gave to ourselves the Constitution". This is completely, in my submission, is unnecessary," the letter states.
The issue has been highlighted in the backdrop of a bail application filed before the Rajasthan High Court, whose title mentioned the caste of the Applicant.
The said case drew excessive media attention after a counsel in the case appeared before the bench in "inappropriate" attire, via video conferencing.
Through the letter, Advocate Amit has urged the CJI that "such references of caste/religion must necessarily done away with – for they send the wrong and regressive message."
Click here to download the Order
Read Letter
